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A tax system designed in such a way that offshore companies avoid taxation constitutes a State aid scheme that is incompatible with the internal market

The Court has therefore set aside the judgment of the General Court and upheld the Commission’s decision not to authorise the United Kingdom to implement the reform of Gibraltar corporate tax proposed in 2002

In August 2002 the United Kingdom notified the Commission of the Government of Gibraltar’s proposed reform of corporate tax. That reform included in particular the repeal of the former tax system and the imposition of three taxes applicable to all Gibraltar companies, namely a companies registration fee, a payroll tax and a business property occupation tax (‘BPOT’), with a cap on liability to payroll tax and BPOT of 15% of profits.

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